If you or a loved one requires legal representation for obtaining visas, green cards, citizenship, adjustment of status, or stopping deportation, our experienced Los Angeles immigration attorneys may be able to help.

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. Who may possess a gun in California?

California gun laws2 allow most adults age 21 and older in the state to buy a firearm without a license.

Unless you are prohibited by law from owning a handgun (as set forth below), you may legally keep a gun within your house or a place of business that you own.3 You may also legally carry a gun from place to place in a locked container.4

1.1. People prohibited from possessing a gun in California

The following people are generally prohibited from acquiring or possessing a gun in California:

felons (that is, anyone convicted of any felony offense in any jurisdiction),5

In California, firearm permits are authorized under Penal Code 26150 and 26155 PC, permits to carry a concealed firearm.14 These licenses entitle you to carry a "pistol, revolver, or other firearm capable of being concealed upon your person". The permits are issued by your local sheriff or chief of police department. They require a showing that:

You are of good moral character,

Good cause exists for issuance of the license,

You are a resident of that city, and

You have completed a prescribed course of firearms training.15

If you receive a permit to carry a concealed firearm, you may legally carry a loaded, concealed gun. However, you must comply with the terms and conditions outlined in your permit.

In February of 2014, a federal court ruled--in the landmark case of Peruta v. San Diego County--that the "good cause" requirement for concealed carry permits in California is unconstitutional. That holding is currently being appealed. But if it is allowed to stand, then California law on concealed weapons permits could change drastically in the near future.

1.3. Licensed sellers of firearms and weapons

Penal Code 26700 PC sets forth the requirements to be a licensed dealer of firearms.16

Penal Code 26500 makes it a misdemeanor to sell, lease, or transfer a gun without a license.17 Violators face up to:

Note that federal law prohibits gun ownership by people in additional categories, including:

anyone under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one (1) year,

anyone who has been discharged from the military under dishonorable conditions,

illegal aliens,

anyone who has renounced his or her US citizenship,

anyone under a court order for a stalking crime, and

fugitives from justice.19

Penalties for being a felon with a firearm in California

If you fall within one of the groups mentioned above and you:

own,

possess,

purchase, or

receive

a gun... your gun rights can be revoked for a minimum of 10 years.20 In some cases, your gun rights can be revoked for life.21 If you are a juvenile, you will not be able to own a gun until you are 30 years old.22

If, for example, someone left his/her gun under the passenger seat of your car without your knowledge, you aren't guilty of this offense.

In addition, you may transport a handgun you legally own or possess as long as it is:

unloaded,25 and

carried either:

within a motor vehicle and locked in the trunk, or in a locked container within the vehicle; or

by you directly to or from any motor vehicle for any lawful purpose and within a locked container.26

Non-concealable firearms (rifles and shotguns) are not covered by Penal Code 25400. They do not need to be transported in a locked container. However, they must be unloaded while they are being transported.27

Penalties for carrying a concealed firearm in California

Absent aggravating circumstances, carrying a concealed firearm in violation of California Penal Code 25400 PC is a misdemeanor.28 If convicted of misdemeanor carrying a concealed firearm, you face:

you are prohibited from possessing a firearm under Penal Code 29900 PC for committing... or attempting to commit... a violent offense. Offenses deemed violent for purposes of this section include (but are not limited to):

Murder,

Rape,

Lewd acts on a child,

Robbery,

Kidnapping, and

Carjacking.36

Felony carrying a concealed firearm is punishable by:

16 months, or two or three years in county jail, and

a maximum $10,000 fine.37

Under two circumstances, violation of Penal Code 25400 PC is a wobbler:

you have a prior misdemeanor conviction for a crime against a person or property, or involving narcotics or dangerous drugs,38

OR

both of the following:

the firearm is loaded (or the ammunition is readily accessible), AND

you are not the registered owner of the gun.39

Prosecutors can choose to charge a wobbler offense as either a misdemeanor or a felony.

If your wobbler violation for carrying a concealed firearm is charged as a misdemeanor you face:

up to one (1) year in a county jail, and/or

a maximum $1,000 fine.40

If the wobbler is charged as a felony, you face:

16 months, or two (2) or three (3) years in county jail, and/or

a maximum $10,000 fine.41

In addition, if you have previously been convicted of a felony or a California firearm offense, a violation of Penal Code 25400 carries a minimum three (3) month county jail sentence.42

And you will serve between three (3) and six (6) months in a county jail if you have a prior conviction for:

A firearm is considered loaded when there is an unexpended cartridge or shell attached in any manner to the firearm. This includes... but is not limited to... in the firing chamber or a magazine or clip attached to the firearm.46

And while it may seem illogical or unjust, prosecutors can charge you with this offense even when the gun is inoperable.47

Possession of any of the foregoing in a government building is punishable by up to a year in county jail or a $1,000 fine. Or it may be punished by both jail AND a fine if the area is posted with a statement providing reasonable notice that prosecution may result from possession of such items.

2.4.3 The Governor's mansion – Penal Code 171d PC

Penal Code 171d PC makes it a wobbler to bring or possess a loaded firearm within or on the grounds of:

the Governor's Mansion or any other residence of the Governor,

the residence of any other constitutional officer, or

the residence of any Member of the Legislature.

Violation of Penal Code 171d is punishable:

as a misdemeanor, by up to one year in county jail, and/or up to a $1,000 fine, or

as a felony, by 16 months, or two or three years in county jail.

2.4.4 Airports and passenger vessel terminals – Penal Code 171.5 PC

Under Penal Code 171.5 PC, it is a misdemeanor to knowingly possess, within any sterile area of an airport or a passenger vessel terminal:

As a felony, by 16 months, two (2) years, or three (3) years in county jail.73

Possession of a .50 BMG rifle is generally a misdemeanor, which can be punished by:

up to one (1) year in a county jail, and/or

a maximum $1,000 fine.74

It is also illegal to:

manufacture,

distribute

transport,

import into the state,

sell,

give, or

lend

an assault weapon or .50 BMG rifle.75

Such actions constitute a felony, punishable by four (4), six (6), or eight (8) years in county jail.76

In addition, if you transfer, lend, sell, or give any assault weapon or.50 BMG rifle to a minor, you will receive a sentencing enhancement of one (1) year of additional time... in addition and consecutive to the punishment for selling or transferring the weapon.77

2.7. Further restrictions on other ammunition, guns, and gun accessories

It isn't necessary that you actually intend to cause any harm or that the alleged victim even sees your weapon.91 The crime is complete once you draw, exhibit, or use the weapon in a rude, angry, or threatening manner.

Brandishing a weapon under Penal Code 417 may be punished as a misdemeanor, a wobbler, or a straight felony.

Misdemeanor violations... and corresponding penalties... include:

Brandishing a pistol, revolver, or other firearm capable of being concealed upon the person... in a rude, angry, or threatening manner... in a public place:

a minimum three (3) month, to a maximum one (1) year, jail sentence, and/or

a maximum $1,000 fine.92

Brandishing any other firearm... or brandishing a firearm in other than a public place... in the same manner: not less than three (3) months in county jail.93

Brandishing an imitation firearm: not less than 30 days in county jail.94

brandishing a firearm upon the grounds of a child day-care center while that center is open;95

brandishing a firearm in the immediate presence of a peace officer engaged in the performance of his/her duties;96 and

brandishing a firearm against the occupant of a motor vehicle.97

These violations are punishable:

As a misdemeanor, by a minimum three (3) month, to a maximum one (1) year, jail sentence, or

As a felony, by 16 months, two (2) years, or three (3) years in California state prison.

In addition, brandishing a weapon against the occupant of a motor vehicle carries a possible fine of up to $3,000.98

Finally, under Penal Code 417.8, it is a felony to draw or exhibit any firearm... whether loaded or unloaded... with the intent of resisting or preventing arrest. Violations are punishable by two (2), three (3), or four (4) years in state prison.

Penal Code 26100 PC is properly known as "discharging a firearm from a motor vehicle". It is usually referred to, however, as California's "drive-by shooting" law.

Penal Code 26100 prohibits:

knowingly allowing another person to bring a gun into a car you own or are driving,

knowingly allowing another person to discharge a gun from within a car you own or are driving,

willfully and maliciously shooting at another person from within a car, and

willfully and maliciously firing a gun from within a car.102

Although this offense is referred to as "drive-by shooting," there is no requirement that the car be moving. If a gun is in your car... or shots are fired from within it, you are guilty of this crime.103

Depending on the circumstances, violation of Penal Code 26100, California's "drive-by shooting" law, can be either a misdemeanor or a felony.

Penalties if you are the driver or owner of the vehicle

If you drive or own a car and you allow a passenger to carry a gun in the car, you are guilty of a misdemeanor. A misdemeanor drive-by shooting offense is punishable by:

up to six (6) months in a county jail, and/or

a maximum $1,000 fine.104

Driving or owning a car and allowing a passenger to discharge a firearm from it is a "wobbler offense". If convicted of the charge as a misdemeanor, you face:

up to one (1) year in a county jail, and/or

a maximum $1,000 fine.105

If convicted as a felony, the punishment is:

16 months, or two, or three years in the California state prison, and/or

up to $10,000 in fines.106

Penalties for "shooters"

Discharging a firearm from within a car is a "wobbler". If you are convicted of a misdemeanor violation, you face:

Assault with a semiautomatic firearm is also a felony. It is punished by three (3), six (6), or nine (9) years in state prison.114

A "semiautomatic firearm" extracts a fired cartridge and chambers a fresh cartridge with each single pull of the trigger115.

3.4.3. Assault with other types of firearms

Revolver

Assault with any other type of firearm is a wobbler. Wobbler violations of Penal Code 245(a)(2) PC are punishable:

As a misdemeanor, by not less than six (6) months, and not more than one (1) year, in county jail, or

As a felony, by two (2), three (3), or four (4) years in California state prison.

3.4.4. Assault with a firearm against a peace officer

If you know... or reasonably should know that your alleged victim is a peace officer engaged in the performance of his or her duties, assault with a firearm must be charged as a felony. Your state prison sentence will depend on the type of gun used:

And in all cases of assault with a firearm under Penal Code 245, in addition to other penalties, the weapon may be confiscated.119

3.4.5. Assault against school employees

Assaults against school employees can be charged under Penal Code 245, above, if applicable. Or they can be charged under Penal Code 245.5. This law makes it a crime to assault someone that you know... or reasonably should know... is a school employee, while that person is engaged in the performance of his/her duties.

Assault with any type of firearm against a school employee is a wobbler, punishable as follows:

As a misdemeanor, in county jail for not less than six (6) months and not more than one (1) year; or

As a felony, by four (4), six (6), or eight (8) years in state prison.120

Assault with a stun gun or taser against a school employee is punishable:

As a misdemeanor, in county jail for not more than one (1) year; or

As a felony, by two (2), three (3), or four (4) years in state prison.121

Shooting directly "at" one of these targets isn't even necessary. Prosecutors can charge you with Penal Code 246 for simply shooting in close proximity to an inhabited dwelling, occupied building, or occupied car.124

And on that note, prosecutors can also charge you even if you don't personally do the shooting. That is, if you aid or abet the shooter in his/her efforts, you can be found guilty of this crime.125

Violation of Penal Code 246 PC is a felony, punishable by three (3), five (5), or seven (7) years in state prison.

"BB device" means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action.130

Penal Code 246.3 PC is closely related to Penal Code 246 PC. Both offenses involve intentionally shooting a gun under circumstances that are likely to cause great bodily injury or death. The difference is that PC 246 involves shooting at a direct target, whereas PC 246.3 does not.

Grossly negligent discharge of a firearm or a BB device is a wobbler, punishable by:

up to one(1) year in county jail, or

16 months, two (2) years, or (3) three years in county jail.131

Grossly negligent discharge of a BB device is a public offense, punishable by up to one (1) year in county jail.132

As you can see, violations of California firearms offenses -- especially wobblers -- are punished by a range of sentences.

Judges look to four main factors to determine what penalty to impose:

whether the offense is charged as a misdemeanor or a felony,

the type of firearm used,

your criminal history, and

whether the offense subjects you to any California firearm sentencing enhancements.

4.1 Misdemeanor (summary) or felony probation

If you are convicted of a misdemeanor, a judge has the option to give you misdemeanor (summary) probation. If given misdemeanor probation, you will serve little or no jail time. The judge will, however, impose a number of conditions. You must adhere to these in order to avoid going to jail... or returning to jail.

If you are convicted of a felony, you could be granted felony probation. If sentenced to felony probation, you could serve up to one (1) year in county jail rather than a longer period in state prison.

In addition to the base punishments for the underlying crime, there are sentencing enhancements that apply to California firearm offenses. Some are rather obscure and limited in scope, while others cover a broad range of conduct and are frequently imposed.

A sentencing enhancement "enhances" your prison sentence by making it longer. If you are convicted of a gun offense and a corresponding sentencing enhancement, you serve the sentence imposed for the underlying felony... in addition to... the sentence imposed for the enhancement.

You cannot be convicted of a sentencing enhancement by itself. In order to suffer a sentencing enhancement, prosecutors must first convict you of an underlying felony charge.

Let's take a look at the most common California sentencing enhancements.

Penal Code 12022.53 PC, California's "10-20-life 'use a gun and you're done'" law, is among the strictest in the nation. However, this sentencing enhancement only applies to 19 enumerated serious or violent felony offenses135 and to any other felony offense that is "punishable by death or imprisonment in the state prison for life". Liability under this law also extends to "attempts" to commit any of these felonies.136

Felonies under this section include (but are not limited to):

murder,

kidnapping,

robbery,

carjacking,

rape and other sex crimes, and

lewd acts on a child.137

California's "10-20-life" law subjects you to ten years in prison for "using" a gun, twenty years for firing a gun, and 25 years to life for killing or seriously injuring another person with a gun...and this is in addition and consecutive to the sentence you receive for the underlying felony conviction.138

you will receive a sentence of three (3), four (4), or ten (10) years... in addition and consecutive to... the punishment for the underlying felony or attempted felony.141

And if you commit... or attempt to commit... a violent felony while wearing a bullet-proof vest, you can be punished by one (1), two (2), or five (5) years... in addition and consecutive to... the punishment for the underlying felony or attempted felony.142

4.6. Penal Code 12022.3 PC -- use of a firearm during the commission of sex crimes

Penal Code 12022.3 PC provides a sentencing enhancement for the use of a firearm during specified sexual offenses including:

mayhem,143

rape,

sodomy,

forced oral copulation, and

lewd or lascivious acts upon a child.144

For being armed with a firearm during the commission of one of these crimes, you will receive an additional term of one (1), two (2), or five (5) years in state prison.

For using a firearm in the commission of the crime, the enhancement is three (3), four (4), or ten (10) years.145

4.7. Penal Code 12022.4 -- aiding or abetting a felony with a firearm

If, during the commission -- or attempted commission -- of a felony, you offer someone else a gun for the purpose of helping them commit the crime, you may receive an enhanced sentence under Penal Code 12022.4.146

In addition to your sentence for the underlying felony -- or attempted felony -- you will receive another one (1), two (2), or three (3) years in state prison.147

5. Legal defenses to gun charges in California

Legal defenses to California firearms charges can vary from offense to offense. Some legal defenses to California gun crimes include (but are not limited to):

You are legally permitted to carry a firearm

If you have a license or permit for carrying a concealed weapon under Penal Code 26150 or 26155 PC, then carrying a gun generally does not violate the law.

Similarly, if you are a licensed firearms dealer, carrying a gun may be legal.

In either case, in order to prevail on this defense, you bear the burden of proving that you have a valid license.148

You carried a firearm in self-defense

You may be absolved of criminal liability for carrying a concealed firearm under California's self-defense laws. These apply if you reasonably believe that:

your life is in "grave danger,"

because of other people's specific threats or conduct which justified the basis for a court-ordered restraining order...149

You were charged with assault, but you didn't have the ability to harm anyone

In order for an assault with a firearm charge to stick, you must have actually had the ability to apply force likely to produce great bodily injury.150

If you couldn't actually have used a gun to harm someone, you are not guilty of assault.

Example: On the way home from the firing range, you get into an argument at a red light with someone in the car next to you. You tell him you have just come from the shooting range and make a "shooting" gesture with your thumb and forefinger. When you pull out at a green light, a cop pulls you over. You consent to a search of your vehicle. The officer finds your gun in the car, but there is no ammunition in either the gun or the vehicle. Because you were driving (and couldn't have pistol whipped someone in the other car) and because you couldn't have shot anyone, you have a possible defense to a charge of assault with a firearm.

You didn't know you were carrying a firearm

Knowledge is a requirement of many gun offenses. If you didn't know you were carrying a gun, for instance, you aren't guilty of carrying a concealed firearm.151

Example: Someone hid a gun in your backpack without your knowledge. On your way to school, you are stopped because you look like someone wanted for a crime. When the police search you, they find the gun. Since you didn't know it was there, you aren't guilty of carrying a concealed firearm.

probable cause for a search (which means they have a reasonable belief you are engaged in criminal activity or pose a threat to threat to their safety),153OR

your consent to search you or your property.154

If none of the foregoing applies, the cop may have violated your Fourth Amendment rights.

And if a firearm is discovered and confiscated during an illegal search, the weapon is inadmissible in court.155

Example: A California Highway Patrol officer pulls you over running a stop sign. You are pleasant, and you cooperate by promptly giving the officer your license and registration. You have no outstanding warrants. However, the officer chooses to search your car anyway and finds a firearm under the passenger seat.

Since the officer had no probable cause to search your vehicle, the gun was found during an illegal search and is inadmissible in court.

Police Misconduct

Police misconduct is a legal defense to most firearms charges. If police misconduct is suspected, we can run a Pitchess motion to see whether others have made complaints about the officer in the past.

If you are a victim of police misconduct, the prosecutor or judge may dismiss your charges. Or, if the case goes forward, a jury may find you not guilty at trial.

Examples of police misconduct include (but are not limited to):

a cop plants a concealed firearm on your person or in your car;

an officer lies in the police report;

an officer testifies falsely about the facts of your case;

your confession was coerced, or

your civil rights were violated in any other way.

6. Collateral consequences of firearm convictions

6.1. Loss of your right to own or acquire firearms

If you are convicted of any felony, your right to own, possess, or acquire a firearm will be revoked for life.156 Certain misdemeanor firearm offenses will also trigger the lifetime ban. These include:

"Having a felony reduced to a misdemeanor, obtaining a certificate of rehabilitation, or obtaining a governor's pardon offers some relief if you seek to restore your California gun rights. But even these tools have restrictions, which is why it's important to consult with a criminal defense lawyer who specializes in California gun laws before trying to acquire firearms following a criminal conviction."

6.2. California Penal Code 667 PC -- California's Three Strikes Law

California Three Strikes Law isn't relevant to all California gun laws. But any felony charges in which you personally use a firearm counts as a potential strike.162

If you are subsequently charged with any felony and have a prior "strike" on your record, you will be considered a "second striker," and your sentence will be twice the term otherwise required by law.163

If charged with a third felony, and you have two prior strikes, you will be referred to as a "third striker" and will serve a mandatory minimum sentence of 25 years-to-life in California felony charges.164

6.3. California firearm offenses and immigration

If you are not a U.S. citizen, a California firearms conviction could additionally result in deportation.165 For more information about how California's gun laws affect aliens, please visit our article on California crimes that lead to deportation.

Call us for help...

Call us for help

If you or loved one is charged with firearm offenses and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions relating to Nevada's firearms laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.166

Legal References:

1 Our California criminal defense attorneys represent clients accused of violating California firearm offenses in Los Angeles, Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

3 California Penal Code 27510 (a) A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person under 21 years of age.

(b) (1) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.

(2) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:

(A) An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of his or her employment.

(B) An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her employment.

(C) A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of his or her employment as a reserve peace officer.

(D) A person who provides proper identification of his or her active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.

(E) A person who provides proper identification that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.

California Penal Code 25605. (a) Section 25400 and Chapter 6 (commencing with Section 26350) of Division 5 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business,or on private property owned or lawfully possessed by the citizen or legal resident, any handgun. (b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 oft his title, or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. (c) Nothing in this section shall be construed as affecting the application of Sections 25850 to 26055, inclusive.

4 California Penal Code 25610. (a) Section 25400 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm: (1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle. (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container. (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with the provisions listed in Section 16580.

5 California Penal Code 29800(a)(1) -- Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony... (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515,when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony. (c) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied: (1) Conviction of a like offense under California law can only result in imposition of felony punishment. (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

6 Same.

7 California Penal Code 29800 (a)(2) -- Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 [California's law against brandishing a weapon] and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

8 California Penal Code 29805 –

(a) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of, or has an outstanding warrant for, a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 490.2 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, or if the individual has an outstanding warrant, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(b) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

(c) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

10 California Penal Code 29610 PC -- A minor shall not possess a pistol, revolver, or other firearm capable of being concealed upon the person; California Penal Code 29805 PC.

11 California Penal Code 30305(a)(1) -- No person prohibited from owning or possessing a firearm under Chapter 2 (commencing with Section 29800) or Chapter 3(commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, shall own,possess, or have under custody or control, any ammunition or reloaded ammunition.California Penal Code 16150 PC. (a) As used in Section 30300, "ammunition" means handgun ammunition as defined in Section 16650. (b) As used in subdivision (a) of Section 30305 and in Section 30306, "ammunition" includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm with a deadly consequence."Ammunition" does not include blanks.California Penal Code 16650. (a) As used in this part, "handgun ammunition" means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles. (b) As used in Section 30312 and in Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun ammunition" does not include either of the following: (1) Ammunition designed and intended to be used in an antique firearm. (2) Blanks.

12 California Penal Code 30315 PC. Any person, firm, or corporation who, within this state knowingly possesses any handgun ammunition designed primarily to penetrate metal or armor is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for a term not to exceed one year, or by a fine not to exceed five thousand dollars($5,000), or by both that fine and imprisonment.

13 California Penal Code 31615 PC. (a) No person shall do either of the following: (1) Purchase or receive any handgun, except an antique firearm, without a valid handgun safety certificate. (2) Sell, deliver, loan, or transfer any handgun, except an antique firearm, to any person who does not have a valid handgun safety certificate. (b) Any person who violates subdivision (a) is guilty of a misdemeanor. (c) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law.However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision. California Penal Code 16640. (a) As used in this part, "handgun" means any pistol,revolver, or firearm capable of being concealed upon the person. (b) Nothing shall prevent a device defined as a "handgun" from also being found to be a short-barreled rifle or a short-barreled shotgun.

14 California Penal Code 26150 PC – (a) When a person applies for a license to carry a pistol,revolver, or other firearm capable of being concealed upon the person, the sheriff of a county may issue a license to that person upon proof of all of the following: (1) The applicant is of good moral character. (2) Good cause exists for issuance of the license. (3) The applicant is a resident of the county or a city within the county, or the applicant's principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business. (4) The applicant has completed a course of training as described in Section 26165. (b) The sheriff may issue a license under subdivision (a) in either of the following formats: (1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (2) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol,revolver, or other firearm capable of being concealed upon the person.

California Penal Code 26155 PC – (a) When a person applies for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the chief or other head of a municipal police department of any city or city and county may issue a license to that person upon proof of all of the following: (1) The applicant is of good moral character. (2) Good cause exists for issuance of the license. (3) The applicant is a resident of that city. (4) The applicant has completed a course of training as described in Section 26165. (b) The chief or other head of a municipal police department may issue a license under subdivision (a) in either of the following formats: (1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (2) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person. (c) Nothing in this chapter shall preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.

15 See same.

See also California Penal Code 26165 PC – (a) For new license applicants, the course of training for issuance of a license under Section 26150 or 26155 may be any course acceptable to the licensing authority, shall not exceed 16 hours, and shall include instruction on at least firearm safety and the law regarding the permissible use of a firearm. (b) Notwithstanding subdivision (a), the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours,but only if required uniformly of all license applicants without exception. (c) For license renewal applicants, the course of training may be any course acceptable to the licensing authority, shall be no less than four hours, and shall include instruction on at least firearm safety and the law regarding the permissible use of a firearm. No course of training shall be required for any person certified by the licensing authority as a trainer for purposes of this section, in order for that person to renew a license issued pursuant to this article. (d) The applicant shall not be required to pay for any training courses prior to the determination of good cause being made pursuant to Section 26202.

16 California Penal Code 26700 PC -- As used in this division, and in any other provision listed in Section 16580, "dealer," "licensee," or "person licensed pursuant to Sections 26700 to 26915, inclusive" means a person who satisfies all of the following requirements: (a) Has a valid federal firearms license. (b) Has any regulatory or business license, or licenses, required by local government. (c) Has a valid seller's permit issued by the State Board of Equalization. (d) Has a certificate of eligibility issued by the Department of Justice pursuant to Section 26710. (e) Has a license issued in the format prescribed by subdivision(c) of Section 26705. (f) Is among those recorded in the centralized list specified in Section 26715.

17 California Penal Code 26500 PC – (a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1(commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2. (b) Any person violating this article is guilty of a misdemeanor.

18 California Penal Code 29800 PC.(a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. (2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns,purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony. (b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515,when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony. (c) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied: (1) Conviction of a like offense under California law can only result in imposition of felony punishment. (2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

19 18 USC 922(g) -- It shall be unlawful for any person—(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;(2) who is a fugitive from justice;(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;(5) who, being an alien—(A) is illegally or unlawfully in the United States; or(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));(6) who has been discharged from the Armed Forces under dishonorable conditions;(7) who, having been a citizen of the United States, has renounced his citizenship;(8) who is subject to a court order that—(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or(9) who has been convicted in any court of a misdemeanor crime of domestic violence,to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

20 Under California Penal Code 29805, there are about 40 specific misdemeanor convictions that carry a California 10-year firearms ban. These include (but are not limited to):

22 California Penal Code 29820 PC – (a) This section applies to any person who satisfies both of the following requirements: (1) The person is alleged to have committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code,an offense described in subdivision (b) of Section 1203.073, any offense enumerated in Section 29805, or any offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a)of Section 26100. (2) The person is subsequently adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code,an offense described in subdivision (b) of Section 1203.073, any offense enumerated in Section 29805, or any offense described in Section 25850, subdivision (a) of Section 25400, or subdivision (a)of Section 26100. (b) Any person described in subdivision (a) shall not own, or have in possession or under custody or control, any firearm until the age of 30 years.

23 California Penal Code 25400 replaced former Penal Code sections 12025 and 12031 without substantive change effective January 1, 2012.Penal Code 25400(a) PC provides:A person is guilty of carrying a concealed firearm when the person does any of the following: (1) Carries concealed within any vehicle that is under the person's control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which the person is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

24 There are a variety of jury instructions that are applicable to Penal Code 25400 PC, California's "carrying a concealed firearm" law. These include CALJIC 2520 (Carrying Concealed Firearm on Person); 2521 (Carrying Concealed Firearm Within Vehicle); and 2522 (Carrying Concealed Firearm: Caused to Be Carried Within Vehicle). Each of these contains at least the following three elements: (1) that the defendant carried a concealed firearm, (2) that the defendant knew of the presence of the firearm, and (3) that the firearm was substantially concealed.

25 California Penal Code 25610 (endnote 4) does not specifically state that weapons carried in locked containers must be unloaded, but the requirement is stated in other sections of the Penal Code.

See, for example, California Penal Code 25635 PC -- Section 25400 does not apply to, or affect, members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using pistols, revolvers, or other firearms capable of being concealed upon the person upon the target ranges, or transporting these firearms unloaded when going to and from the ranges.

See also California Penal Code 25640 PC -- Section 25400 does not apply to, or affect, licensed hunters or fishermen carrying pistols, revolvers, or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition.

26 California Penal Code 25610 PC, endnote 4, above. Under California Penal Code 16580 PC, a "locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle.

28 California Penal Code 25400(c)(7) -- Carrying a concealed firearm in violation of this section is punishable as follows: ...(7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

29 Same.

30 California Penal Code 17 PC provides, in relevant part: A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

31 California Penal Code 25400(c)(1) -- Carrying a concealed firearm in violation of this section is punishable as follows: ... If the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.

32 California Penal Code 25400(c)(2) -- Carrying a concealed firearm in violation of this section is punishable as follows:...If the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.

33 California Penal Code 25400(c)(3) Carrying a concealed firearm in violation of this section is punishable as follows:...If the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.

34 California Penal Code 25400(c)(4) -- Carrying a concealed firearm in violation of this section is punishable as follows: ...(4) If the person is not in lawful possession of the firearm or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.

35 Same.

36 See California Penal Code 29900(a)(1) -- Notwithstanding subdivision (a) of Section 29800, any person who has been previously convicted of any of the offenses listed in Section 29905 and who owns or has in possession or under custody or control any firearm is guilty of a felony.

See also California Penal Code 29905(a) -- As used in this chapter, a violent offense includes any of the following:(1) Murder or voluntary manslaughter.

(2) Mayhem.

(3) Rape.

(4) Sodomy by force, violence, duress, menace, or threat of great bodily harm.

(7) Any felony punishable by death or imprisonment in the state prison for life.

(8) Any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, that has been charged and proven, or any felony in which the defendant uses a firearm which use has been charged and proven.

(9) Attempted murder.

(10) Assault with intent to commit rape or robbery.

(11) Assault with a deadly weapon or instrument on a peace officer.

(12) Assault by a life prisoner on a non-inmate.

(13) Assault with a deadly weapon by an inmate.

(14) Arson.

(15) Exploding a destructive device or any explosive with intent to injure.

(16) Exploding a destructive device or any explosive causing great bodily injury.

(17) Exploding a destructive device or any explosive with intent to murder.

(18) Robbery.

(19) Kidnapping.

(20) Taking of a hostage by an inmate of a state prison.

(21) Attempt to commit a felony punishable by death or imprisonment in the state prison for life.

(22) Any felony in which the defendant personally used a dangerous or deadly weapon.

(23) Escape from a state prison by use of force or violence.

(24) Assault with a deadly weapon or force likely to produce great bodily injury.

(25) Any felony violation of Section 186.22.

(26) Any offense enumerated in subdivision (a), (b), or (d) of Section 23515.

(27) Carjacking.

(28) Any offense enumerated in subdivision (c) of Section 23515 if the person has two or more convictions for violating paragraph (2)of subdivision (a) of Section 417.

(b) As used in this chapter, a violent offense also includes any attempt to commit a crime listed in subdivision (a) other than an assault.

37 California Penal Code 18 PC -- Punishment for felony not otherwise prescribed; alternate sentence to county jail. ("(a) Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170. (b) Every offense which is prescribed by any law of the state to be a felony punishable by imprisonment or by a fine, but without an alternate sentence to the county jail for a period not exceeding one year, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.")

See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

38 California Penal Code 25400(c)(5) -- Carrying a concealed firearm in violation of this section is punishable as follows: (c) Carrying a concealed firearm in violation of this section is punishable as follows: ...(5) If the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

39 California Penal Code 25400(c)(6) -- Carrying a concealed firearm in violation of this section is punishable as follows: ...If both of the following conditions are met, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:

(A) The pistol, revolver, or other firearm capable of being concealed upon the person is loaded, or both it and the unexpended ammunition capable of being discharged from it are in the immediate possession of the person or readily accessible to that person. (B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.

40 California Penal Code 25400(c)(7), endnote 28, above.

41 See California Penal Code 18 PC, endnote 37, above..

42 California Penal Code 25400(d)(2)-- Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for not less than three months.

43 California Penal Code 25400(d) (1) -- Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation,or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned in a county jail for at least three months.

Penal Code 25400(e) provides an exception for the unusual case in which the interests of justice would be best served by granting probation.

See also California Penal Code 23515 -- As used in the provisions listed in Section 16580, an offense that involves the violent use of a firearm includes any of the following:

(a) A violation of paragraph (2) or (3) of subdivision (a) of Section 245 or a violation of subdivision (d) of Section 245. (b) A violation of Section 246. (c) A violation of paragraph (2) of subdivision (a) of Section 417. (d) A violation of subdivision (c) of Section 417.

44 California Penal Code 25700. (a) The unlawful carrying of any handgun in violation of Section 25400 is a nuisance and is subject to Sections 18000 and 18005. (b) This section does not apply to any of the following: (1) Any firearm in the possession of the Department of Fish and Game. (2) Any firearm that was used in the violation of any provision of the Fish and Game Code or any regulation adopted pursuant thereto. (3) Any firearm that is forfeited pursuant to Section 5008.6 ofthe Public Resources Code.

California Penal Code 18000(a) -- Any weapon described in Section 19190, 21390, 21590, or 25700, or, upon conviction of the defendant or upon a juvenile court finding that an offense that would be a misdemeanor or felony if committed by an adult was committed or attempted by the juvenile with the use of a firearm, any weapon described in Section 29300, shall be surrendered to one of the following: (1) The sheriff of a county. (2) The chief of police or other head of a municipal police department of any city or city and county. (3) The chief of police of any campus of the University of California or the California State University. (4) The Commissioner of the California Highway Patrol. (b) For purposes of this section, the Commissioner of the California Highway Patrol shall receive only weapons that were confiscated by a member of the California Highway Patrol. (c) A finding that the defendant was guilty of the offense but was insane at the time the offense was committed is a conviction for the purposes of this section.

45 California Penal Code 25850(a) -- A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated cityor in any public place or on any public street in a prohibited area of unincorporated territory.

46 California Penal Code 16840(b) -- As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055,inclusive, (1) A firearm shall be deemed to be "loaded" when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. (2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

47 People v. Taylor (1984) 151 Cal.App.3d 432, 437. ("The obvious intent of the legislature in each instance is to proscribe aspects of firearm possession to protect society. As has been pointed out, it does not matter the firearm does not work when it is seen by a victim of crime, an innocent bystander or a member of law enforcement. The possession of a firearm under the enumerated circumstances constitutes a threat...A firearm need not be operable to convict under [former California] Penal Code section 12031, subdivision (a).")

48 California Penal Code 16950. As used in Chapter 6 (commencing with Section 26350) of Division 5 of Title 4, a handgun shall be deemed to be carried openly or exposed if the handgun is not carried concealed within the meaning of Section 25400.

49 California Penal Code 25850, endnote 45, above.See also California Penal Code 26350(a) -- (1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following: (A) A public place or public street in an incorporated city or city and county. (B) A public street in a prohibited area of an unincorporated area of a county or city and county. (C) A public place in a prohibited area of a county or city and county. (2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any oft he following: (A) A public place or public street in an incorporated city or city and county. (B) A public street in a prohibited area of an unincorporated area of a county or city and county. (C) A public place in a prohibited area of a county or city and county.

50 CALJIC 2530 -- Carrying Loaded Firearm (Pen. Code, § 25850(a)) --The defendant is charged [in Count] with unlawfully carrying a loaded firearm (on (his/her) person/in a vehicle) [in violation of Penal Code section 25850(a)].To prove that the defendant is guilty of this crime, the People must prove that:1 The defendant carried a loaded firearm (on (his/her) person/in a vehicle);2 The defendant knew that (he/she) was carrying a firearm;AND3 At that time, the defendant was in a public place or on a public street in (an incorporated city/in an unincorporated area where it was unlawful to discharge a firearm).]

51 California Penal Code 626.9 PC (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).

52 California Penal Code 626.9. ...(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f)....(e)(1) "School zone" means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.

53 California Penal Code 626.9(d) -- Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e).

54 California Penal Code 626.9...(h)-- Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research,or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision(h) of Section 1170 for two, three, or four years... (i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision(h) of Section 1170 for one, two, or three years...

55 For specific sentences, see California Penal Code 626.9(f).

56 California Penal Code 16590(f).California Penal Code 16320. (a) As used in this part, "camouflaging firearm container"means a container that meets all of the following criteria: (1) It is designed and intended to enclose a firearm. (2) It is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container. (3) It is not readily recognizable as containing a firearm. (b) "Camouflaging firearm container" does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition.

57 California Penal Code 16590(g).

California Penal Code 16330. As used in this part, "cane gun" means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein.

58 California Penal Code 16590(k).

59 California Penal Code 16590(l).

See also:

California Penal Code 16740. As used in this part, "large-capacity magazine" means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:

(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds. (b) A .22 caliber tube ammunition feeding device. (c) A tubular magazine that is contained in a lever-action firearm; and

California Penal Code 32315 PC. Upon a showing that good cause exists, the Department of Justice may issue permits for the possession, transportation, or sale between a person licensed pursuant to Sections 26700 to 26915,inclusive, and an out-of-state client, of large-capacity magazines.

60 California Penal Code 16590(q).

See also California Penal Code 16930 PC. As used in this part, a "multiburst trigger activator" means either of the following: (a) A device designed or redesigned to be attached to a semiautomatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device. (b) A manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm.

61 California Penal Code 16590(t).

See also:

California Penal Code 17170 PC. As used in Sections 16530 and 16640, Sections 17720 to 17730, inclusive, Section 17740, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1(commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, "short-barreled rifle" means any of the following: (a) A rifle having a barrel or barrels of less than 16 inches in length. (b) A rifle with an overall length of less than 26 inches. (c) Any weapon made from a rifle (whether by alteration,modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length. (d) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subdivisions (a) to (c), inclusive. (e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c),inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, may be readily assembled ift hose parts are in the possession or under the control of the same person.

California Penal Code 17180 PC. As used in Sections 16530 and 16640, Sections 17720 to 17730, inclusive, Section 17740, Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4, and Article 1(commencing with Section 33210) of Chapter 8 of Division 10 of Title 4, "short-barreled shotgun" means any of the following: (a) A firearm that is designed or redesigned to fire a fixed shotgun shell and has a barrel or barrels of less than 18 inches in length. (b) A firearm that has an overall length of less than 26 inches and that is designed or redesigned to fire a fixed shotgun shell. (c) Any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length. (d) Any device that may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subdivisions (a) to (c), inclusive. (e) Any part, or combination of parts, designed and intended to convert a device into a device defined in subdivisions (a) to (c),inclusive, or any combination of parts from which a device defined in subdivisions (a) to (c), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person.

California Penal Code 33215 PC. Except as provided in Sections 33220 and 33225 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any short-barreled rifle or short-barreled shotgun is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.Note that:California Penal Code 33220 states an exception for possession of short-barreled rifles and short-barreled shotguns by law enforcement and the military. California Penal Code 33225 states an exception for people with a permit to carry a short-barreled rifle or short-barreled shotgun.

62 California Penal Code 17270 PC. As used in this part, an "unconventional pistol" means a firearm with both of the following characteristics: (a) It does not have a rifled bore. (b) It has a barrel or barrels of less than 18 inches in length or has an overall length of less than 26 inches.

63 California Penal Code 16590(w).

California Penal Code 17280 PC. As used in this part, "undetectable firearm" means any weapon that meets either of the following requirements: (a) After removal of grips, stocks, and magazines, the weapon is not as detectable as the Security Exemplar, by a walk-through metal detector calibrated and operated to detect the Security Exemplar. (b) Any major component of the weapon, as defined in Section 922 of Title 18 of the United States Code, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component.Barium sulfate or other compounds may be used in the fabrication of the component.

64 California Penal Code 16590 (x)California Penal Code 17330 PC. As used in this part, "wallet gun" means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case.

65 California Penal Code 16590(z).California Penal Code 17360 PC. As used in this part, "zip gun" means any weapon or device that meets all of the following criteria: (a) It was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) It was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (c) No tax was paid on the weapon or device nor was an exemption from paying tax on that weapon or device granted under Section 4181 and Subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto. (d) It is made or altered to expel a projectile by the force of an explosion or other form of combustion.

67 California Penal Code 30600 PC. (a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years. (b) In addition and consecutive to the punishment imposed under subdivision (a), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of subdivision (a) shall receive an enhancement of imprisonment pursuant to subdivision (h) of Section 1170 of one year. (c) Except in the case of a first violation involving not more than two firearms as provided in Sections 30605 and 30610, for purposes of this article, if more than one assault weapon or .50 BMG rifle is involved in any violation of this article, there shall be a distinct and separate offense for each.

68 California Penal Code 30525 PC. As used in this part, ".50 BMG cartridge" means a cartridge that is designed and intended to be fired from a center fire rifle and that meets all of the following criteria: (a) It has an overall length of 5.54 inches from the base to the tip of the bullet. (b) The bullet diameter for the cartridge is from .510 to, and including, .511 inch. (c) The case base diameter for the cartridge is from .800 inch to,and including, .804 inch. (d) The cartridge case length is 3.91 inches.California Penal Code 30530 PC. (a) As used in this part, ".50 BMG rifle" means a centerfire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machine gun. (b) A ".50 BMG rifle" does not include any antique firearm, nor any curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.

69 California Penal Code 31005 PC. (a) The Department of Justice may, upon a finding of good cause, issue permits for the manufacture or sale of assault weapons or .50 BMG rifles for the sale to, purchase by, or possession of assault weapons or .50 BMG rifles by, any of the following: (1) The agencies listed in Section 30625, and the officers described in Section 30630. (2) Entities and persons who have been issued permits pursuant to this section or Section 31000. (3) Federal law enforcement and military agencies. (4) Law enforcement and military agencies of other states. (5) Foreign governments and agencies approved by the United States State Department. (6) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (3) to (5), inclusive. (b) Application for the permits, the keeping and inspection thereof, and the revocation of permits shall be undertaken in the same manner as specified in Article 3 (commencing with Section 32650)of Chapter 6.

70 CALCRIM 875.

71 California Penal Code 30510 PC. As used in this chapter and in Sections 16780, 17000, and 27555, "assault weapon" means the following designated semiautomatic firearms:(a) All of the following specified rifles: (1) All AK series including, but not limited to, the models identified as follows: (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and86S. (B) Norinco 56, 56S, 84S, and 86S. (C) Poly Technologies AKS and AK47. (D) MAADI AK47 and ARM. (2) UZI and Galil. (3) Beretta AR-70. (4) CETME Sporter. (5) Colt AR-15 series. (6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C. (7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (8) MAS 223. (9) HK-91, HK-93, HK-94, and HK-PSG-1. (10) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M11. (11) SKS with detachable magazine. (12) SIG AMT, PE-57, SG 550, and SG 551. (13) Springfield Armory BM59 and SAR-48. (14) Sterling MK-6. (15) Steyer AUG. (16) Valmet M62S, M71S, and M78S. (17) Armalite AR-180. (18) Bushmaster Assault Rifle. (19) Calico M-900. (20) J&R ENG M-68. (21) Weaver Arms Nighthawk. (b) All of the following specified pistols: (1) UZI. (2) Encom MP-9 and MP-45. (3) The following MAC types: (A) RPB Industries Inc. sM10 and sM11. (B) SWD Incorporated M-11. (C) Advance Armament Inc. M-11. (D) Military Armament Corp. Ingram M-11. (4) Intratec TEC-9. (5) Sites Spectre. (6) Sterling MK-7. (7) Calico M-950. (8) Bushmaster Pistol. (c) All of the following specified shotguns: (1) Franchi SPAS 12 and LAW 12. (2) Striker 12. (3) The Streetsweeper type S/S Inc. SS/12. (d) Any firearm declared to be an assault weapon by the court pursuant to former Section 12276.5, as it read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, which is specified as an assault weapon in a list promulgated pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991. (e) This section is declaratory of existing law and a clarification of the law and the Legislature's intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to former Section 12276.5, as it read in Section 3 of Chapter 954 of the Statutes of 1991, and any other models that are only variations of those weapons with minor differences, regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons. (f) As used in this section, "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.

See also California Penal Code 30515 PC. (a) Notwithstanding Section 30510, "assault weapon" also means any of the following: (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor,forward handgrip, or silencer. (B) A second handgrip. (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (7) A semiautomatic shotgun that has the ability to accept a detachable magazine. (8) Any shotgun with a revolving cylinder. (b) The Legislature finds a significant public purpose in exempting from the definition of "assault weapon" pistols that are designed expressly for use in Olympic target shooting events.Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1,2001, and that would otherwise fall within the definition of "assault weapon" pursuant to this section are exempt, as provided in subdivision (c). (c) "Assault weapon" does not include either of the following: (1) Any antique firearm. (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):

73 California Penal Code 30605(a) -- Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

74 California Penal Code 30610(a) -- Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment.

75 California Penal Code 30600 PC. (a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.

76 Same.

77 California Penal Code 30600(b) -- In addition and consecutive to the punishment imposed under subdivision (a), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of subdivision (a) shall receive an enhancement of imprisonment pursuant to subdivision (h) of Section 1170 of one year.

78 California Penal Code 30315 PC. Any person, firm, or corporation who, within this state knowingly possesses any handgun ammunition designed primarily to penetrate metal or armor is guilty of a public offense and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for a term not to exceed one year, or by a fine not to exceed five thousand dollars($5,000), or by both that fine and imprisonment.

79 Same.

80 California Penal Code 33410 PC. Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h)of Section 1170 or by a fine not to exceed ten thousand dollars($10,000), or by both that fine and imprisonment.

81 Same.

82 California Penal Code 244.5 PC.(a) As used in this section, "stun gun" means any item,except a less lethal weapon, as defined in Section 16780, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge. (b) Every person who commits an assault upon the person of another with a stun gun or less lethal weapon, as defined in Section 16780,shall be punished by imprisonment in a county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years. (c) Every person who commits an assault upon the person of a peace officer or firefighter with a stun gun or less lethal weapon, as defined in Section 16780, who knows or reasonably should know that the person is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the county jail for a term not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (d) This section shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution.

83 California Penal Code 22610 PC. Notwithstanding any other provision of law, any person may purchase, possess, or use a stun gun, subject to the following requirements: (a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California,or any other state, government, or country, or convicted of misuse of a stun gun under Section 244.5, shall purchase, possess, or use any stun gun.(b) No person addicted to any narcotic drug shall purchase,possess, or use a stun gun. (c) (1) No person shall sell or furnish any stun gun to a minor unless the minor is at least 16 years of age and has the written consent of the minor's parent or legal guardian. (2) Violation of this subdivision shall be a public offense punishable by a fifty-dollar ($50) fine for the first offense. Any subsequent violation of this subdivision is a misdemeanor. (d) No minor shall possess any stun gun unless the minor is at least 16 years of age and has the written consent of the minor's parent or legal guardian.

84 California Penal Code 417.25(a)-- Every person who, except in self-defense, aims or points a laser scope, as defined in subdivision (b), or a laser pointer, as defined in subdivision (c), at another person in a threatening manner with the specific intent to cause a reasonable person fear of bodily harm is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 30 days. For purposes of this section, the laser scope need not be attached to a firearm.

85 California Penal Code 417.25(b) -- As used in this section, "laser scope" means a portable battery-powered device capable of being attached to a firearm and capable of projecting a laser light on objects at a distance.

86 California Penal Code 417.25(c)-- As used in this section, "laser pointer" means any hand held laser beam device or demonstration laser product that emits a single point of light amplified by the stimulated emission of radiation that is visible to the human eye.

87 California Penal Code 417.26(a) -- Any person who aims or points a laser scope as defined in subdivision (b) of Section 417.25, or a laser pointer, as defined in subdivision (c) of that section, at a peace officer with the specific intent to cause the officer apprehension or fear of bodily harm and who knows or reasonably should know that the person at whom he or she is aiming or pointing is a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding six months.

88 Same.

89 California Penal Code 417.26(b) -- Any person who commits a second or subsequent violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year.

90 California Penal Code 417 -- Drawing, exhibiting, or using firearm or deadly weapon; self defense; peace officers. ("(a)(1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days. (2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows: (A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.")

91 People v. Norton (1978) 80 Cal.App.3d Supp. 14, 26. ("In a prosecution under Penal Code section 417 subdivision (a), the prohibited use of the firearm or deadly weapon is defined by statute. It is not necessary to show that the possessor intended to inflict injury on a victim. Once it is shown that the weapon is exhibited in a rude, angry and threatening manner, the [California firearm] offense is complete.")

See also People v. McKinzie (1986) 179 Cal.App.3d 789, 794. ("We have found other cases which, although failing to consciously enunciate all elements of a Penal Code section 417, subdivision (a)(2) violation, clearly indicate that the victim's awareness of the weapon that is "in her presence" is not one of them.")

92 California Penal Code 417(a)(2)-- Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner... is punishable as follows: (A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

93 California Penal Code 417(a)(2 (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months.

94 California Penal Code 417.4 PC. Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in subdivision (a) of Section 16700, in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not less than 30 days.

95 California Penal Code 417 (2)(b) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any loaded firearm in a rude,angry, or threatening manner, or who, in any manner, unlawfully uses any loaded firearm in any fight or quarrel upon the grounds of any day care center, as defined in Section 1596.76 of the Health and Safety Code, or any facility where programs, including day care programs or recreational programs, are being conducted for persons under 18 years of age, including programs conducted by a nonprofit organization, during the hours in which the center or facility is open for use, shall be punished by imprisonment in the state prison for 16 months, or two or three years, or by imprisonment in a county jail for not less than three months, nor more than one year.

96 California Penal Code 417 (2)(c) Every person who, in the immediate presence of a peace officer, draws or exhibits any firearm, whether loaded or unloaded,in a rude, angry, or threatening manner, and who knows, or reasonably should know, by the officer's uniformed appearance or other action of identification by the officer, that he or she is a peace office rengaged in the performance of his or her duties, and that peace officer is engaged in the performance of his or her duties, shall be punished by imprisonment in a county jail for not less than nine months and not to exceed one year, or in the state prison for 16 months, or two or three years.

97 California Penal Code 417.3 PC. Every person who, except in self-defense, in the presence of any other person who is an occupant of a motor vehicle proceeding on a public street or highway, draws or exhibits any firearm, whether loaded or unloaded, in a threatening manner against another person in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by imprisonment for 16 months or two or three years and a three thousand dollar ($3,000) fine. Nothing in this section shall preclude or prohibit prosecution under any other statute.

98 Same.

99 California Penal Code 417.8 PC. Every person who draws or exhibits any firearm, whether loaded or unloaded, or other deadly weapon, with the intent to resistor prevent the arrest or detention of himself or another by a peace officer shall be imprisoned in the state prison for two, three, or four years.

100 California Penal Code 417.6(b)-- As used in this section, "serious bodily injury" means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture;protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.

101 California Penal Code 417.6(c) -- When a person is convicted of a violation of Section 417 or 417.8 and the deadly weapon or firearm used by the person is owned by that person, the court shall order that the weapon or firearm be deemed a nuisance and disposed of in the manner provided by Sections 18000 and 18005.

See also California Penal Code 246.1(a) ...upon the conviction of any person found guilty of ... the unlawful discharge or brandishing of a firearm from or at an occupied vehicle where the victim was killed, attacked, or assaulted from or in a motor vehicle by the use of a firearm on a public street or highway, or the unlawful possession of a firearm by a member of a criminal street gang, as defined in subdivision (f) of Section 186.22, while present in a vehicle the court shall order a vehicle used in the commission of that offense sold.

102 California Penal Code 26100 PC. (a) It is a misdemeanor for a driver of any motor vehicle or the owner of any motor vehicle, whether or not the owner of the vehicle is occupying the vehicle, knowingly to permit any other person to carry into or bring into the vehicle a firearm in violation of Section 25850 of this code or Section 2006 of the Fish and Game Code. (b) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly permits any other person to discharge any firearm from the vehicle is punishable by imprisonment in the county jail for not more than one year or instate prison for 16 months or two or three years. (c) Any person who willfully and maliciously discharges a firearm from a motor vehicle at another person other than an occupant of a motor vehicle is guilty of a felony punishable by imprisonment instate prison for three, five, or seven years. (d) Except as provided in Section 3002 of the Fish and Game Code,any person who willfully and maliciously discharges a firearm from a motor vehicle is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison.

103 Although there is nothing in the code that specifically addresses this issue, it is addressed in People v. Bostick as applied to Penal Code 12022.55 PC [now Penal Code 26100], the California "drive-by shooting" sentencing enhancement that uses the same language. People v. Bostick (1996) 46 Cal.App.4th 287, 291. ("[The statute] is plain on its face that all that is required is that death or great bodily injury be inflicted "as a result of discharging a firearm from a motor vehicle.")

104 California Penal Code 26100(a), endnote 96, above.

105 California Penal Code 26100(b), endnote 96, above.

106 Same.

107 California Penal Code 26100(d), endnote 96, above.

108 Same.

109 California Penal Code 26100(c), endnote 96, above.

110 California Penal Code 240 PC. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

111 See also People v. Griggs (1989) 216 Cal.App.3d 734, 265 Cal.Rptr. 53 ("The law is seeking to punish the reckless disregard of human life, and what needs to be shown is that a human life was threatened in the manner proscribed in sections 245 and 240.").

112 Same. ("Public policy would be offended to allow a defendant to fire a gun in the direction of a human being under these circumstances and not be punished for an assault with a deadly weapon.").

113 California Penal Code 245(a)(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

114 California Penal Code 245(b) -- Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.

115 See, e.g., CALCRIM 860 and 875.

116 California Penal Code 245(d)(2) -- Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer orfirefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his orher duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.

117 California Penal Code 245(d)(3)-- Any person who commits an assault with a machine gun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530,upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.

118 California Penal Code 245(d)(1) -- Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.

119 California Penal Code 245(e) -- When a person is convicted of a violation of this section in a case involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by that person, the court shall order that the weapon or instrument or firearm be deemed a nuisance, and it shall be confiscated and disposed of in the manner provided by Sections 18000 and 18005.

120 California Penal Code 245.5(b) -- Every person who commits an assault with a firearm upon the person of a school employee, and who knows or reasonably should know that the victim is a school employee engaged in the performance of his or her duties, when the school employee is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years, or in a county jail for not less than six months and not exceeding one year.

121 California Penal Code 245.5 (c) Every person who commits an assault upon the person of a school employee with a stun gun or taser, and who knows or reasonably should know that the person is a school employee engaged in the performance of his or her duties, when the school employee is engaged in the performance of his or her duties, shall be punished by imprisonment in a county jail for a term not exceeding one year or by imprisonment in the state prison for two, three, or four years.

122 California Penal Code 246 PC -- 246. Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not exceeding one year. As used in this section, "inhabited" means currently being used for dwelling purposes, whether occupied or not.

123 See same.

124 CALJIC 9.03 -- Shooting at an inhabited dwelling. ("Shooting at a particular object is not limited to shooting directly "at" that object. It also includes shooting in such close proximity to the target that a probable consequence of the shooting is that one or more bullets either will strike the target or persons in or around it, and the shooter acted with a conscious disregard for this probable consequence.")

See also People v. Overman (2005) 126 Cal.App.4th 1344, 1355. ("As we explain, [California Penal Code] section 246 is not limited to shooting directly at an inhabited or occupied target. Rather, it [this California firearm offense] proscribes shooting either directly at or in close proximity to an inhabited or occupied target under circumstances showing a conscious disregard for the probability that one or more bullets will strike the target or persons in or around it.")

125 People v. Blackburn (1999) 72 Cal.App.4th 1520, 1531. ("The offense of shooting at an occupied motor vehicle can be committed without personally using a firearm - e.g., when the defendant has aided and abetted the shooter. ( People v. Piper, supra, 42 Cal.3d at pp. 475-476, 229 Cal.Rptr. 125, 722 P.2d 899.)")

126 California Penal Code 247 PC.(a) Any person who willfully and maliciously discharges a firearm at an unoccupied aircraft is guilty of a felony. (b) Any person who discharges a firearm at an unoccupied motorv ehicle or an uninhabited building or dwelling house is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison. This subdivision does not apply to shooting at an abandoned vehicle, unoccupied vehicle, uninhabited building, or dwelling house with the permission of the owner.As used in this section and Section 246 "aircraft" means any contrivance intended for and capable of transporting persons through the airspace.

127 Same.

128 California Penal Code 247.5 PC. Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied, is guilty of a violation of this section, which shall be punishable aseither a misdemeanor by imprisonment in the county jail for not more than one year or by a fine of one thousand dollars ($1,000), or a felony by imprisonment pursuant to subdivision (h) of Section 1170 or 16 months, two years, or three years, or by a fine of two thousand dollars ($2,000). This section does not apply to the conductof laser development activity by or on behalf of the United States Armed Forces.As used in this section, "aircraft" means any contrivance intended for and capable of transporting persons through the airspace. As used in this section, "laser" means a device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum, and when discharged exceeds one milliwatt continuous wave.

129 California Penal Code 246.3(a) -- Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

130 California Penal Code 246.3(c) -- As used in this section, "BB device" means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action.

131 Same.

132 California Penal Code 246.3(b) -- Except as otherwise authorized by law, any person who willfully discharges a BB device in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year.

133 California Penal Code 12022 PC.(a)(1) Except as provided in subdivisions (c) and (d), any person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or Section 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon or machinegun, or a .50BMG rifle, whether or not the person is personally armed with an assault weapon or machinegun, or a .50 BMG rifle.(b) (1) Any person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years.(3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person,the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.(c) Notwithstanding the enhancement set forth in subdivision (a),any person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5,11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code, shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years.(d) Notwithstanding the enhancement set forth in subdivision (a),any person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.(e) For purposes of imposing an enhancement under Section 1170.1,the enhancements under this section shall count as one, single enhancement.(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

See also California Penal Code 2022.5 PC. (a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense.(b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 30510 or Section 30515, or a machinegun, as defined in Section 16880, in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years. (c) Notwithstanding Section 1385 or any other provisions of law,the court shall not strike an allegation under this section or a finding bringing a person within the provisions of this section. (d) Notwithstanding the limitation in subdivision (a) relating to being an element of the offense, the additional term provided by this section shall be imposed for any violation of Section 245 if a firearm is used, or for murder if the killing is perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury or death. (e) When a person is found to have personally used a firearm, an assault weapon, a machinegun, or a .50 BMG rifle, in the commission of a felony or attempted felony as provided in this section and the firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by that person, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (f) For purposes of imposing an enhancement under Section 1170.1,the enhancements under this section shall count as one, single enhancement.

134 See California Penal Codes 12022 and 12022.5 PC.

135 California Penal Code 17320 PC. For purposes of Section 31360 only, "violent felony" refers to the specific crimes listed in subdivision (c) of Section 667.5,and to crimes defined under the applicable laws of the United Statesor any other state, government, or country that are reasonably equivalent to the crimes listed in subdivision (c) of Section 667.5.

138 California Penal Code 12022.53 (b) Notwithstanding any other provision of law, any person who, inthe commission of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply.(c) Notwithstanding any other provision of law, any person who, int he commission of a felony specified in subdivision (a), personally and intentionally discharges a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years.(d) Notwithstanding any other provision of law, any person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.

140 California Penal Code 12022.2(d) -- This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

141 California Penal Code 12022.2(a) Any person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession ammunition for the firearm designed primarily to penetrate metal or armor, shall upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony, be punished by an additional term of 3, 4, or 10 years. The court shall select the sentence enhancement which, in the court's discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentence in accordance with the provisions of subdivision (d) of Section 1170.1.

142 California Penal Code 12022.2 PC.(b) Any person who wears a body vest in the commission or attempted commission of a violent offense, as defined in subdivision(b) of Section 12021.1, until January 1, 2012, and, on or after that date, Section 29905, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or five years. The court shall select the sentence enhancement which, in the court's discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentence in accordance with the provisions of subdivision (d) of Section 1170.1. (c) As used in this section, "body vest" means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer.

143 California Penal Code 203 PC. Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.

144 California Penal Code 12022.3 PC. For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 262, 264.1, 286, 288, 288a, or 289, and in addition to the sentence provided, any person shall receive the following: (a) A 3-, 4-, or 10-year enhancement if the person uses a firearm or a deadly weapon in the commission of the violation. (b) A one-, two-, or five-year enhancement if the person is armed with a firearm or a deadly weapon.

145 Same.

146 California Penal Code 12022.4 PC. (a) Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a felony shall, in addition and consecutive to the punishment prescribed by the felony or attempted felony of which the person has been convicted, be punished by an additional term of one, two, or three years in the state prison. The court shall select the sentence enhancement which, in the court's discretion, best serves the interests of justice and shall state the reasons for its choice on the record at the time of the sentence, in accordance with the provisions of subdivision (d) of Section 1170.1. The additional term provided in this section shall not be imposed unless the fact of the furnishing is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (b) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.

149 California Penal Code 25600.(a) A violation of Section 25400 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This section may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person's life or safety. It is not the intent of the Legislature to limit, restrict,or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense. (b) Upon trial for violating Section 25400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger.

150 See, e.g., CALCRIM 875 -- 4. When the defendant acted, (he/she) had the present ability to apply force (likely to produce great bodily injury/with a deadly weapon other than a firearm/with a firearm/with a semiautomatic firearm/with a machine gun/with an assault weapon/with a .50 BMG rifle) to a person(;/.)

See also CALCRIM 876 -- 4. When the defendant acted, (he/she) had the present ability to apply force with a (stun gun/[or] less lethal weapon) to a person(;/.)

151 See endnote 24, above.

152 The Fourth Amendment provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

153 See, e.g., Terry v. Ohio (1968) 392 U.S. 1, 3 ("Where a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous regardless of whether he has probable cause to arrest that individual for crime or the absolute certainty that the individual is armed.").

154 Schneckloth v. Bustamonte (1973) 412 U.S. 218, 93 S.Ct. 2041. ("It is... well settled that one of the specifically established exceptions to the requirements of both a warrant and probable cause is a search that is conducted pursuant to consent. Davis v. United States, 328 U.S. 582, 593—594, 66 S.Ct. 1256, 1261—1262, 90 L.Ed. 1453; Zap v. United States, 328 U.S. 624, 630, 66 S.Ct. 1277, 1280, 90 L.Ed. 1477."),

155 Mapp v. Ohio (1961) 367 U.S. 643 (holding that evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court.).

156 California Penal Code 29800 PC(a) (1) -- Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

See also California Penal Code 23515 PC. As used in the provisions listed in Section 16580, an offense that involves the violent use of a firearm includes any of the following: (a) A violation of paragraph (2) or (3) of subdivision (a) of Section 245 or a violation of subdivision (d) of Section 245 [assault with a firearm]. (b) A violation of Section 246 [shooting at an inhabited dwelling]. (c) A violation of paragraph (2) of subdivision (a) of Section 417 [brandishing a firearm or using a firearm in a quarrel].And see our article, Consequences of a California Felony Conviction.

157 Same.

See also California Penal Code 29800 PC(a) ( 2) -- Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.

158 Misdemeanor crimes of domestic violence -- 18 U.S.C. 921(33) --(A) Except as provided in subparagraph (C), [2] the term "misdemeanor crime of domestic violence" means an offense that—(i) is a misdemeanor under Federal, State, or Tribal [3] law; and(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. (B) (i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either(aa) the case was tried by a jury, or(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

159 California Penal Code 29805 PC -- California's felon with a firearm law. Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245,245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 oft he Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.

162 California Penal Code 1192.7(c) PC. ("As used in this section 'serious felony' means...(8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm.")

163 California Penal Code 667 PC -- Habitual criminals; enhancement of sentence; amendment of section -- California Three Strikes law. ...(e) For purposes of subdivisions (b) to (i), inclusive, and in addition to any other enhancement or punishment provisions which may apply, the following shall apply where a defendant has a prior felony conviction: (1) If a defendant has one prior felony conviction that has been pled and proved, the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction. (2)(A) If a defendant has two or more prior felony convictions as defined in subdivision (d) that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of: (i) Three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior felony convictions. (ii) Imprisonment in the [California] state prison for 25 years...

164 See same.

165 8 USC 1227 -- Deportable aliens -- (a) Classes of deportable aliens. Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens...(2) Criminal offenses...(C) Certain [California] firearm offenses -- Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.

This is why violating any of California's gun laws can lead to deportation.

166 Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Neil Shouse for any questions relating to Nevada's firearm laws. Their Nevada law offices are located in Reno and Las Vegas.

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